But, the Seller (Understandably) May Not Go For It Show me a listing agent (representing the Seller) who’s supremely confident that their client’s home will appraise . . . and I’ll show you a home that sold for too little. Huh?? I only know of two ways to absolutely, positively eliminate the risk of a...Read More
Looking for a Size 47 1/2 How is drafting a real estate contract — or almost any contract, for that matter — like picking a men’s suit? In both cases, the usual starting point is to select the closest-fitting, existing garment — er, legal boilerplate — you can find. Step #2: altering (“customizing”) it to fit...Read More
Want two, inescapable signs that electronic signatures have arrived? Sign #1: The new, 2011 – 2012 standard Minnesota Purchase Agreement* now includes language stating that electronic signatures shall be acceptable for all residential real estate contracts and addenda (it’s buried in the fine print, just after the Integration Clause). Sign #2: The National Association of Realtors (“NAR”) is an...Read More
Explaining Real Estate Listing Contracts Unlike what I suspect is the vast majority of Realtors, I actually look forward to walking clients through the particulars of a listing contract and the related addenda. It certainly helps that, as a former corporate attorney, I know the history, context, and purpose of the various clauses; too, I know what...Read More
Lack of Standardized ContractsCreates Foreclosure Can of Worms From a realtor’s perspective, representing a Buyer trying to purchase a foreclosure can present an endless can of worms. For starters, there’s the issue of the house’s condition. What is it? Unlike a typical owner-occupied home, there are no disclosures, and the Buyer usually must agree to...Read More
